Brooke v. Jones & Oglesby
Supreme Court of Georgia
Equitable petition. Before Judge Eite. Bartow superior court. May 30, 1914. Jones & Oglesby and J. W. Bell filed their petition against George W. Brooke and J. P. Brooke. The case alleged may be briefly summarized as follows: George W. Brooke borrowed from the Lowry National Bank $4,000, to secure the payment of which he gave a deed to three lots of land in Bartow county.
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Equitable petition. Before Judge Eite. Bartow superior court. May 30, 1914. Jones & Oglesby and J. W. Bell filed their petition against George W. Brooke and J. P. Brooke. The case alleged may be briefly summarized as follows: George W. Brooke borrowed from the Lowry National Bank $4,000, to secure the payment of which he gave a deed to three lots of land in Bartow county. Later he sold to Bell, in two separate transactions, part of the land covered by the deed, giving Bell a bond for title thereto, receiving a part of the consideration in cash, and taking Bell’s notes aggregating $4,500. It…
1Opinion of the CourtHill, J.
Where A borrows money and secures it by deed to real estate, and subsequently sells a part of the land to B, giving him bond for title, and delivers the purchase-money notes to the holder of the security deed, which notes are in excess of the debt secured by such deed, and where B sells to C a portion of the land he has purchased and gives bond for title, and the two subsequent purchasers bring a suit against A, and others, praying certain equitable relief, and a demurrer to the petition is filed, it is error, in advance of passing on the demurrer and before the issues as made by the answer…
2Cited by2 opinions
- Erwin v. BrookeSupreme Court of Georgia · 1925
- Wade v. Calhoun National BankSupreme Court of Georgia · 1916